1. Applicant's Name: a. Application Date: 23 February 2016 b. Date Received: 2 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he served honorably and only had one incident during his enlistment. While visiting family for the funeral he smoked marijuana; he was not in a right state of mind and made a mistake. He did complete ASAP due to his command not allowing him to leave post; and he was chaptered before he could complete it. He was not allowed to attend TAPS. Since his discharge from the military he has not been in any trouble; and has held a position with the Florida Department of Law Enforcement (FDLE). In a records review conducted at Arlington, VA on 9 August 2017, and by a 5-0 vote, the Board noted that the government introduced the results of a biochemical test conducted on 5 February 2008, which was coded "RO" (Rehabilitation Testing) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. However, the Board found the reason for discharge was fully supported by the record and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 April 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 27 March 2008 (2) Basis for Separation: The applicant wrongfully used marijuana on two separate occasions (between 19 September 2007 and 18 October 2007) and (4 January 2008 and 5 February 2008). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 March 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 April 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 December 2005 / 3 years b. Age at Enlistment / Education / GT Score: 21 / GED / 107 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88H10, Cargo Specialist / 4 years, 8 months, 11 days d. Prior Service / Characterizations: USAR, 20 August 2003 to 7 October 2003 / NA IADT, 8 October 2003 to 3 March 2004 / HD USAR, 4 March 2004 to 18 December 2005 / NA e. Overseas Service / Combat Service: SWA / Iraq, 1 September 2006 to 26 August 2007 f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 7 October 2007, for wrongful use of marijuana between (19 September 2007 and 18 October 2007); reduction to PV2 / E-2, forfeiture of $729 pay for two months (suspended), extra duty for 45 days, restriction for 45 days (suspended) and an oral admonition. A positive urinalysis test coded IO (Inspection Other), dated 18 October 2007, for THC. Report of Mental Status Evaluation, dated 28 January 2008, relates that the applicant was responsible for his behavior, had the ability to distinguish right from wrong, and possesses sufficient mental capacity to participate in administrative proceedings. A positive urinalysis test coded RO (Rehabilitation Testing), dated 5 February 2008. On 7 March 2008, the suspension of punishment of forfeiture of $729 pay for two months, was vacated for the new offense of wrongful use of marijuana between (4 January 2008 and 5 February 2008. FG Article 15, dated 18 March 2008, for wrongful use of marijuana between (4 January 2008 and 5 February 2008); reduction to PVT / E-1, forfeiture of $670 pay for two months, extra duty for 45 days, restriction for 45 days (suspended). He received several negative counseling statements for various acts of misconduct and notification of pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); letter, Director, Case Management Division; and a letter, Bay County Veterans Service. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record shows the government introduced into the discharge packet the results of a biochemical test conducted on 5 February 2008, which was coded "RO" (Rehabilitation Testing) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 9 August 2017, and by a 5-0 vote, the Board noted that the government introduced the results of a biochemical test conducted on 5 February 2008, which was coded "RO" (Rehabilitation Testing) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. However, the Board found the reason for discharge was fully supported by the record and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160008984 1